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2010 Supreme(Del) 1127

SHIV NARAYAN DHINGRA
Gunda Neubauer – Appellant
Versus
Bhanwar Singh – Respondent


Advocates Appeared:
Mr. B.S. Randhawa, Advocate for the Appellant.
Mr. Pankaj Seth, Advocate for the Respondent.

Shiv Narayan Dhingra, J.

1. The present appeal has been preferred by the appellant assailing an award dated 8th August 2007 passed by learned Tribunal on the ground that the compensation awarded to the appellant was inadequate.

2. Brief facts relevant for the purpose of deciding the present appeal are that that appellant, a German national, had come to India as a tourist. She was traveling in a bus and was going to Mount Abu from Udaipur when the said bus met with an accident with a truck coming from opposite direction. In this accident, the appellant lost her arm on junction up one third and middle one third. She filed a claim petition under Section 166 of the Motor Vehicles Act and she was awarded compensation in following terms:

(i) Pain and sufferings: Rs. 2,00,000/-

(ii) Medical bills: DM 1,14,367.08 (Rs. 15,61,110.64)

(iii) Bill of private hospital: Rs. 45,905/-

(iv) Attendant expenses: Rs. 3,22,500/-

(v) Special diet and conveyance: Rs. 25,000/-

(vi) Permanent disability: 2,03,508.50DM

(Applying the exchange rate of 13.65 rupees) Rs. 27,77,891.02

(vii) Loss of enjoyment & amenity: Rs. 2,00,000/-

Total: Rs. 53,32,406.66

3. By way of this appeal, the appellant has assailed the compensatio

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